JUDGMENT - C.S. DHARMADHIKARI, J.:---This is a civil revision application filed by the original respondents against the order passed by the learned Extra Assistant Judge, Kolhapur dated 10th March, 1981 admitting the appeal and holding that it is maintainable.

2. Late Shri Bhau Narsu Chougule, original plaintiff filed a Regular Civil Suit bearing No. 1006 of 1977 in the Court of the Civil Judge, (Senior Division), Kolhapur against the defendants for a declaration that the resolution date 24th July, 1976 passed by Shri Ram Shetkari Pani Puravatha Mandal (hereinafter referred to as "the Mandal") is illegal. In the said suit he asked for a further relief claiming a declaration that the cancellation of his membership of the Mandal was also illegal and, therefore, he is entitled to an injunction for restraining the defendants from making any change in the pipe line scheme by which his right of taking water under the scheme is put in jeopardy. The claim of the plaintiff was contested by the defendants. In this suit an application for temporary injunction was also filed. During the pendency of these proceedings Shri Bhau Narsu Chougule died on 8-12-1980. Therefore, present opponents filed

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